Wade v. Creighton
Oregon Supreme Court
Appeal from Benton: J. C. Fullerton, Judge. The complaint in this case contains ten separate causes of action, based on ten certain promissory notes, all which causes are stated in the same language, except as to the dates, amounts, and names of the makers of the several notes.
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Appeal from Benton: J. C. Fullerton, Judge. The complaint in this case contains ten separate causes of action, based on ten certain promissory notes, all which causes are stated in the same language, except as to the dates, amounts, and names of the makers of the several notes. Each note is indorsed by the defendants, who are strangers thereto, which indorsements were made before such notes were delivered to the payees therein, and read as follows: “ Creighton & Quivey, agents. For value received we hereby waive protest, demand, and notice of nonpayment. Creighton & Quivey.” The complaint…
1Opinion of the Court
Opinion by
Mr. Chief Justice Lord.
It appears that the demurrer is founded on the assumption that, upon the facts alleged, the defendants became, by their indorsement, joint makers of the several notes, and that as such they cannot be sued without joining the other makers and payees as defendants. This is put upon the ground that if, by their engagement, the defendants are to be deemed joint makers, logically each instrument must be deemed a joint note as to them, notwithstanding they may be joint and several in form; and hence that an action cannot be maintained upon them against the…
2Cases cited6 opinions
- Good v. MartinSupreme Court of the United States · 1877
- Rey v. SimpsonSupreme Court of the United States · 1860
- Moore v. . CrossNew York Court of Appeals · 1859
- Spies v. . GilmoreNew York Court of Appeals · 1848
- Deering & Co. v. CreightonOregon Supreme Court · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Lumbermen's Nat. Bank v. CampbellOregon Supreme Court · 1912
- Allen v. ChambersWashington Supreme Court · 1895
- Douglas v. RumelinOregon Supreme Court · 1928
- Montgomery v. PageOregon Supreme Court · 1896